CAT/C/SLE/CO/1
The State party should:
(a)
Ensure that the Correctional Services Bill, aimed at replacing the Prison
Ordinance Act of 1960 and the Prison Rules of 1961, is promptly adopted and
complies with the commitment taken by the State delegation to eliminate corporal
punishment and solitary confinement;
(b)
Take all appropriate measures to prevent, investigate and punish
violence in prisons, including sexual violence, and ensure that all cases of death in
custody, including the death of Lamin Kamara, are promptly and effectively
investigated;
(c)
Avoid the use of restraints as much as possible or apply them as a last
resort when all other non-coercive alternatives for control have failed, never as a
punishment, for the shortest possible time, and after being duly recorded. Reduction
in diet as a punishment should be prohibited.
Prompt, thorough and impartial investigations
28.
While welcoming the recent establishment of the Independent Police Complaints
Board, the Committee notes with concern that the disciplinary bodies within the Army and
prison system are still hierarchically connected to the officials being investigated, as
acknowledged in the State report (CAT/C/SLE/1, para. 74). The Committee also considers
that the function of the Attorney General as a Minister of Justice could compromise its
institutional independence. The Committee is also concerned as to the independence and
effectiveness of the criminal investigations into allegations of torture or ill-treatment
committed by public officials, since at magistrate courts crimes are prosecuted by police
prosecutors, and any private citizen may also carry out a prosecution, which can be taken
over or terminated at the discretion of the Attorney General. The Committee is further
concerned that the State party was unable to provide disaggregated data on complaints,
investigations, prosecutions and convictions in cases of torture and ill-treatment (arts. 2, 11,
12, 13 and 16).
The State party should:
(a)
Separate the Office of the Attorney General and that of the Minister of
Justice during the constitutional review process, as recommended by the Truth and
Reconciliation Commission and undertaken by the State delegation;
(b)
Take appropriate measures to ensure that a prompt, thorough and
impartial criminal investigation is opened ex officio by a State counsel where there are
reasons to believe that an act of torture or ill-treatment has been committed, bring the
suspects to trial and, if found guilty, sentence them to penalties that take into account
the grave nature of their acts;
(c)
Ensure that the disciplinary bodies of the Army and prison staff are
independent and not hierarchically or functionally connected to the persons
investigated and establish an independent and confidential complaint system, ensuring
that prompt, impartial and independent investigations into such complaints are
conducted;
(d)
Ensure that persons under investigation for having committed acts of
torture or ill-treatment are immediately suspended from their duties and remain so
throughout the investigation, subject to the observance of their own rights to a fair
trial.
12